HomeMy WebLinkAboutR-2000-001 RESOLUTION NO. 2000- 001
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE
CITY OF DANIA BEACH AND WEISS SEROTA HELFMAN PASTORIZA
& GUEDES, P.A., TO PROVIDE LEGAL SERVICES AS CITY
ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on February 10, 1998, the city commission of the City of Dania (now
known as Dania Beach) adopted Resolution No. 11-98, which appointed Thomas J.
Ansbro, Esq. of the law firm of Brinkley, McNerney, Morgan, Solomon & Tatum, LLP, as
City Attorney, and accepted an agreement for legal services between the City and
Brinkley, McNerney, Morgan, Solomon & Tatum, LLP; and
WHEREAS, Thomas J. Ansbro will be leaving the law firm of Brinkley, McNerney,
Morgan, Solomon & Tatum, LLP and will be joining the law firm of Weiss Serota
Helfman Pastoriza & Guedes, P.A., effective January 17, 2000; and
WHEREAS, the City of Dania Beach Charter authorizes the city commission to
appoint a city attorney who shall serve at the pleasure of the commission; and
WHEREAS, the city commission desires that Thomas J. Ansbro continue to
serve as City Attorney through the law firm of Weiss Serota Helfman Pastoriza &
Guedes, P.A., for the provision of legal services, with which firm Mr. Ansbro will be
associated; and
WHEREAS, Weiss Serota Helfman Pastoriza & Guedes, P.A. proposes to
provide legal services to the City of Dania Beach under the terms and provisions of the
agreement attached to this Resolution as Exhibit "A", and Thomas J. Ansbro shall be
primarily responsible for the delivery of legal services; and
WHEREAS, Brinkley, McNerney, Morgan, Solomon & Tatum, LLP, has advised
the City in writing that if the city commission desires to retain the firm of Weiss Serota
Helfman Pastoriza & Guedes, P.A. to perform the City's legal services, Brinkley,
McNerney, Morgan, Solomon & Tatum, LLP will consider the Agreement between itself
and the City to be cancelled;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
ip CITY OF DANIA BEACH, FLORIDA:
lank
Section 1. That the law firm of Weiss, Serota, Helfman, Pastoriza & Guedes,
P.A. is hereby appointed by the Dania Beach City Commission to serve as City Attorney
at the will of and at the pleasure of the city commission, effective January 17, 2000, and
Thomas J. Ansbro shall be primarily responsible for the delivery of legal services.
Section 2. That the agreement between the City of Dania Beach and Weiss
Serota Helfman Pastoriza & Guedes, P.A. for the provision of legal services to the City
of Dania Beach which is attached to this Resolution as Exhibit "A" is hereby accepted
and the appropriate city officials are hereby authorized to execute same.
Section 3. That the Agreement between the City of Dania Beach and Brinkley,
McNerney, Morgan, Solomon & Tatum, LLP is mutually cancelled, effective January 16,
2000, and the Mayor and City Manager are authorized to provide that firm written notice
confirming that fact.
Section 4. That the law firm of Brinkley, McNerney, Morgan, Solomon &
Tatum, LLP, is authorized to transfer all files involving the City's legal services to the
firm of Weiss Serota Helfman Pastoriza & Guedes, P.A.
Section 5. That all resolutions or parts of resolutions in conflict with this
resolution are hereby repealed to the extent of such conflict.
Section 6. That this resolution shall be in force and take effect as of January
16, 2000.
PASSED AND ADOPTED THIS 11T" DAY—Of ARY, 2000.
XLZ
- COMMISSIONER
ATTEST: ROLL CALL:
MAYOR BERTINO - YES
x VICE-MAYOR MCELYEA- YES
SHERYL CHAPMAN COMMISSIONER ETLING - YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO F RM AND CORRECTNESS:
BY: /1"'
-� I W
TH M9S J. ANSBRO
CITY ATTORNEY
G:\RES2000\RESWEISSSEROTAAGR.doc
01/05/00
AGREEMENT
THIS IS AN AGREEMENT between THE CITY OF DANIA BEACH, Dania Beach
City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (the "City"),
and the law firm of WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A., 1132
S.E. 2 d Avenue, Fort Lauderdale, Florida 33316 (the "Firm").
WHEREAS, since February 10, 1998, Thomas J. Ansbro, Esq., through the law
firm of Brinkley, McNerney, Morgan, Solomon & Tatum, LLP ("Brinkley McNerney"), has
served as City Attorney pursuant to an Agreement effective February 11, 1998 (the
"Brinkley McNerney Agreement"), a copy of which is attached hereto as Exhibit "A"; and
WHEREAS, Thomas J. Ansbro will be leaving Brinkley McNerney and will be
joining the Firm, effective January 17, 2000;
NOW, THEREFORE, the City and the Firm agree as follows:
1. The City and the Firm agree that the Firm shall provide legal services to the
City and serve as City Attorney pursuant to the terms of the Brinkley
McNerney Agreement (the terms of which are hereby incorporated by
reference), except as follows:
A. City shall no longer be charged for attendance at its two regular
monthly commission meetings;
B. City shall no longer be charged for telephone conferences between
Firm attorneys and elected officials, the City Manager and Department
Heads;
C. City shall no longer be charged for paralegal time;
D. City shall no longer be charged the three percent (3%) administrative
cost set forth on page 2, Section D, of the Brinkley McNerney
Agreement, but will instead pay only actual costs incurred (capped at
$.10 per page for photocopies and $0.25 per page for faxes); and
E. The hourly rate for all attorney time shall be one hundred fifty dollars
($150.00) per hour (rather than the current staggered rates of between
$115.00 and $175.00 per hour).
® 2. This Agreement shall be effective January 17, 2000.
THE CITY OF DANIA BEACH, FLORIDA
ATTEST: By:
JOHN BERTINO, MAYOR
By:
SHERYL CHAPMAN, MICHAEL SMITH, CITY MANAGER
ACTING CITY CLERK
APPROVED BY FORMAL ACTION APPROVAL AS TO FORM:
OF THE CITY COMMISSION ON
JANUARY 11, 2000 By:
THOMAS ANSBRO
CITY ATTORNEY
WEISS SEROTA HELFMAN PASTORIZA
& GUEDES, P.A.
By:
JAMIE A. COLE, ESQ.
G:\R E S 2000\ag ree me ntW E I S S S E ROTA.d oc
01/04/00
•
AGREEMENT
THIS IS AN AGREEMENT, effective February 11, 1998, between THE CITY OF DANIA,
Dania City Hall, 100 West Dania Beach Boulevard,Dania,Florida 33004(the"City"),and the law firm
of BRINKLEY,McNERNEY,MORGAN,SOLOMON&TATUM,LLP,200 East Las Olas Boulevard,
Suite 1800, Fort Lauderdale,Florida 33301 (the "Firm").
The City is desirous of retaining the services of the Firm for the performance of legal services
for the City and to perform legal services as the City Attorney. The Firm is willing to perform such
work for the City.
In consideration of the mutual covenants of this Agreement and other good and valuable
consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows:
I. SCOPE OF SERVICES
The City agrees to retain the Firm to perform the legal services described in subparagraphs A,
B and C, below. In exchange for such work, the City agrees to pay the Firm compensation for legal
services pursuant to a professional fee arrangement consisting of three different parts: one for"general
matters", one for special litigation and one for representation of the issuer in bond transactions, if
® applicable.
A. General Matters
"General matters"include all municipal legal work ordinarily and traditionally performed by the
City Attorney,including all consultative work,board representation,land development issues,regulatory
and legislative representation, legal advisor and prosecutor work(ordinance infractions and property
forfeitures), lien foreclosures, special assessment property foreclosures, real estate transaction work
(exclusive of title premiums), labor law and employment law representation and preparation,
representation,travel to and attendance at all general and special meetings of the City,where attendance
is required of Firm by the City.
The "general matters" rate for the City Attorney and partners of the Firm shall be $130.00 per
hour; the rate for Firm associates shall be $115.00 per hour. Law clerk and paralegal time shall be
charged at$40.00 per hour.
B. Special Litigation
"Special litigation" consists of litigation which is significant in terms of monetary or personal
exposure. The parties agree that these types of claims generally consist of-
(i) construction litigation, in which the amount in controversy exceeds $250,000-.00;
(ii) land use, rezoning or conditional use litigation where no defense or coverage is
acknowledged under the City's insurance program;
(iii) constitutional or civil rights litigation where no defense or coverage is offered or
acknowledged by the City's insurance program; and,
(iv) class action type suits or suits which could establish precedent for potential Plaintiffs in
the future where the City's exposure is greater than $100,000.00 and in which no
defense or coverage is acknowledged by the City's insurance program.
For special litigation,the Firm's professional fees shall be $175.00 per hour for Firm partners with a
minimum of ten (10) years of experience, $145.00 per hour for the City Attorney and other Firm
partners, and $140.00 per hour for associates.
C. Bond Financing
The Firm, if requested by City, agrees to provide issuer's counsel services in bond financing
transactions, both taxable and tax exempt. Such fees shall be negotiated on a case-by-case basis.
D. Accounting Matters
During the course of representation of the City by the Firm,monthly statements shall be sent by
Firm to the City,payable within thirty(30)days of receipt. The statements shall itemize the date of the
work,identify the attorney(s)performing such work,the type of work and the time involved to complete
same(in increments of at least one-tenth(1/10)of an hour). Statements which are outstanding for more
than thirty (30) days shall accrue interest at the rate of twelve (12)percent per annum.
The City shall be responsible for all third-party costs incurred by the Firm on the City's behalf, .
such as filing fees, costs of service of process (e.g., summonses and subpoenas), court reporter
attendance at and transcribing of depositions,publication fees('if any),courier fees,and other costs that
the Firm may be required to advance on the City's behalf in connection with representation of the City.
Statements shall also include a three percent(3%)administrative cost on all professional fees to cover
such costs as all facsimile transmissions,photocopying;extraordinary postage,long-distance telephone
charges and the like.
Reimbursement to Firm for travel expenses, if any travel is authorized in advance in writing
by the City, must comply with the requirements of City.
The Firm agrees that statements for fees and payments for costs shall be submitted to the City
in detail sufficient for a proper preaudit and postaudit of them. Invoices shall clearly identify the
services, portion of services and costs for which payment is sought.
The Firm reserves the right to withdraw from representation in the event statements are not
timely paid. If the City wishes to contest or question any statement or any portion of a statement,the
statement or the applicable portion need not be paid until a reasonable opportunity has been given for
the Finn and the City Manager to meet and attempt in good faith to resolve the dispute to the Firm and
City's mutual satisfaction. If there is an effective impasse,the Firm must notify the City. In*order to
withdraw from litigation matters as a result of non-payment, the Firm must notify the City thirty (30)
Page 2 of 5 Pages
• days before a hearing on a Motion to Withdraw. For matters not in litigation, the Firm may cease
representing the City twenty (20) days after the Firm gives the City notice of the impasse.
II. FIRM REPRESENTING CITY
The parties agree that Thomas J.Ansbro,Esq.of the Firm shall be primarily responsible for the
general supervision and overall performance of the work. The Firm shall be able to decide which lawyer
in the Firm is best suited to undertake any specific legal matter and the City acknowledges and agrees
that different lawyers in the Firm may work on different City matters. It is expected that Thomas J.
Ansbro shall personally perform the majority of the City's legal services. At the request of the City,he
will schedule times suited to the City's needs,to be available on site at City Hall to be accessible to the
City's elected officials and City employees.
The Firm and the City Commission may mutually agree that some other attorney in the Firm
shall act as City Attorney.
In the unlikely event that a conflict of interest should arise with respect to a particular matter
which is assigned to the Firm, or in the event special or specialized legal counsel services are needed
to represent the City on a matter,the Firm will notify the City at once so that appropriate action can be
taken.
Ill. RELATIONSHIP BETWEEN THE FIRM AND THE CITY
® The Firm is an independent contractor pursuant to Florida law. The Firm assumes full
responsibility for completion of the services specified in this Agreement. It is understood and agreed _.
that nothing contained in this Agreement is intended or should be construed as creating or establishing-
the relationship of partners between the parties,or constituting the Firm as the agent or representative
of the City for any purpose except as necessary for the performance of the subject services_ The Firm
is not authorized to bind the City to any contracts or other obligations of any kind without the City's
advance consent. The Firm shall not expressly or impliedly represent to any party that the Firm is the
agent or representative of the City for any purpose except as necessary for the performance of the subject
services.
Each party assumes and agrees to pay any of its losses,costs,damages,or expenses arising from
personal injury, death and property damage attributable to the intentional tortious or negligent acts or
omissions of its officers, and employees. The Firm agrees to indemnify and hold harmless the City
and its respective officers and employees, from and against any and all actions, claims, liabilities,
assertions,or judgments of liability,and losses,costs and expenses incurred in connection with obtaining
or defending such judgments,which result from the intentional tortious acts or the negligence of the
Firm and its members,attorneys, and employees in connection with its performance of services under
this Agreement. In furtherance of this responsibility to the City, the Firm agrees to maintain
professional liability insurance and such other insurance as the Firm determines appropriate from time
to time. No third party shall be able to rely upon or enforce the provisions of this or any other paragraph
of the Agreement as there are no intended third party beneficiaries.
Page 3 of 5 Pages
® IV. RELATIONSHIP TERMINABLE AT WILL -
The Firm acknowledges and agrees that its services are terminable at the will and at the pleasure
of the City Commission, upon written notice by the City to the Firm's Managing Partner. The City
acknowledges that this Agreement is also terminable at the will and pleasure of the Firm,upon sixty(60)
days advance written notice to the City Mayor and City Manager by the Firm's Managing Partner. The
City shall be liable to Firm only for the payment of services rendered and costs incurred prior to the
effective date of termination. Notwithstanding the foregoing,the Agreement may be terminated under
any terms and conditions as are otherwise mutually agreeable to the parties.
V. AMENDMENUENTI RE AGREEMENT
Any amendment,alteration or modification to this Agreement must be signed or initialed and
approved by the City(through its City Commission)and by the Firm(through its Managing Partner).
This Agreement embodies the entire agreement of the parties and there are no other representations,
warranties,promises,agreements,conditions or understandings either oral or written between the City
and the Firm, other than those set forth in this Agreement. No subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon either party unless reduced to writing,signed
by both parties and by direct reference made a part of this Agreement.
VI. MISCELLANEOUS
® - (A) The validity, construction and effect of this Agreement shall be governed by the laws
of the State of Florida. The City, as an agency of the State of Florida, is entitled to the benefits of
sovereign immunity, including immunities from taxation.
(B) The Firm shall not, without the advance written approval of the City, assign any right
or delegate any work or duties under this Agreement nor may it transfer,pledge,surrender or otherwise
encumber or dispose of its interest in any portion of this Agreement.
(C) Each term and condition of this Agreement is material and any breach or default by the
Firm in the performance of each such term and condition shall be a material breach and default of the
entire Agreement for which the City shall have the right to terminate this Agreement immediately upon
notice to the Firm.
(D) Any failure to exercise or delay in exercising any right,power or remedy accruing to the
City for any breach or default of the Firm shall not impair any such right,power or remedy of the City
or be construed as a waiver by the City of any such breach or default or of any similar breach or default
thereafter occurring, nor shall any waiver of any single breach or default be construed as a waiver by
the City of any other breach or default thereafter occurring.
(E) In the event of litigation,each party shall be responsible for its own attorneys' fees and
costs of litigation. Venue shall lie in the appropriate court of competent jurisdiction located within
Broward County, Florida.
Page 4 of 5 Pages
(F) If not specifically provided above,notice to the City shall be given by U.S. Mail to the
Mayor and City Manager of Dania, and notice to the Firm shall be given by U.S. Mail to the Firm
Managing Partner.
IN WITNESS OF THE FOREGOING,the parties to this Agreement have caused this Agreement
to be executed, effective on the date first appearing above.
THE CITY OF DANIA,
a Florida municipal corpo�tion
ATTEST: By:�
Marie Jabal e City Clerk Bob Mi es,Mayor
Approved by formal fiction APPRO TO F .
of the City Co on
Februar 1 j 9 By:
Ti thy M.Ryan,
by: Interim City Atto ey
City M , e ;. Michael Smith
BRINKLEY, MCNERNEY,MORGAN,
SOLOMON &TATUM, LLP
® By:
hilip J.Morgan
Managing Partner
GAwPF11-ESUULM-0aniaW.grcemcnt for Services-clean
2127198
Page 5 of 5 Pages
B$INKLEY, McNE$NEY, MORGAN, SOLOMON & TATUM, LLP
• ATTORNEYS AT LAW
SUITE 1800
NEW RIVER CENTER
200 EAST LAS OLAS BOULEVARD
W. MICHAEL BRINKLEY FORT LAUDFRDALE, FLOEIDA 33301-2209
KENNETH E. KEECHL
DONALD J. LUNNY, JR. TELEPHONE (954)522-2200
MICHAEL J. MCNERNEY+ FACSIMILE (954)522-9123
PHILIP J. MORGAN• e-mail:lawfirm@brinkleymcnemey.com
HARRIS K. SOLOMON+
ROBERTA G. STANLEY++
MAILING ADDRESS:
THOMAS R.TATUM
POST OFFICE BOX 522
CHRISTOPHER M. TRAPANI
FORT LAIIDEEDALE, FLORIDA 33302-05 2 2
STEPHEN L. ZIEGLER
THOMAS J.ANSHRO JOHN R.TATUM
MICHAEL BRINKLEY, JR. (1926-1995)
KENNETH A. GORDON
DAVID F. HANLEY Amy R. REECK
KENNETH J. JOYCE (OF COUNSEL)
' JULIETTE LIPPMAN
SHERRY D. MCMILLAN
LINDSEY A. PAYNE
JONATHAN M. STREISFELD
MARC K. SWICKLE January 5, 2000
SEAN L.WILSON J J
+BOARD CERTIFIED BUSINESS LITIGATION LAWYER
*BOARD CERTIFIED REAL ESTATE LAWYER
}+BOARD CERTIFIED MARITAL AND FAMILY LAWYER
HONORABLE JOHN BERTINO
MAYOR CITY OF DANIA BEACH
DANIA BEACH CITY HALL
100 WEST DANIA BEACH BOULEVARD
DANIA BEACH, FLORIDA 33004
Re: February 11, 1998 Agreement between the City of Dania Beach and Brinkley,
McNerney, Morgan, Solomon, & Tatum, LLP (Agreement)
Dear Mayor Bertmo:
It has been our firm's pleasure to serve as City Attorney for the City of Dania Beach since
February 11, 1998 pursuant to the Agreement. As you know, Tom Ansbro, the attorney in our firm
who we designated under the Agreement as primarily responsible for the general supervision and
overcall performance of the City's legal work is resigning from our firm and will join the law firm
of Weiss, Serota, Helfman, Pastoriza & Geuedes, P.A. effective January 17, 2000. It is our
understanding that the City will elect to appoint Mr. Ansbro's new law firm to act as City Attorney
effective January 17, 2000. If that is the pleasure of the City Commission, then as of that date our
firm will not be providing further legal services to the City of Dania Beach under the Agreement.
It will be necessary for the City Commission to approve a resolution to that effect and which
authorizes us to transfer all pending matters to Mr. Ansbro's new firm effective January 17, 2000.
HONORABLE JOHN BERTINO
January 5, 2000
Page 2
We have enjoyed our relationship with the City of Dania Beach and very much appreciate
having the opportunity to serve as City Attorney. If we can be of assistance to the City of Dania
Beach in the furture we will be happy to do so. If you have any questions concerning the transition
of the City's legal work, please contact us.
V truly yours,
Vlip J. Morgan
PJM:lm
cc: Honorable C.K. McElyea, Vice-Mayor
Honorable John Etling
Honorable Bob Mikes
Honorable Jim Cali
G-',WPFILES CLIENTS\DANIA\CITYCONf,,CABERTINO-LTR
BRINKLEY, MCNERNEY, MORGAN, SOLOMON & TATuNt, LLP
ATTORNEYS AT LAW
d
® Pt. III,Art. 4 § 1 DANIA CODE
ARTICLE 4. RESERVED*
ARTICLE 5. CITY ATTORNEYt
Sec. 1. Appointment and qualifications.
The city commission shall appoint a city attorney who shall serve at the pleasure of the
commission.He shall be a lawyer of at least two(2)years experience and practice in the courts
of the State of Florida. He shall receive such compensation as the city commission may by
resolution fix and designate.
(Sp. Acts, Ch. 67-1260, § 2)
Sec. 2. Duties.
The city attorney shall be the legal advisor to and attorney and counsellor for the
municipality and all of its officers in matters relating to their official duties, and to that end
he shall:
• (a) Attend the meetings of the city commission and advise the city commission on all
points of law and,parliamentary procedure.
(b) Prepare all ordinances and resolutions required by the city commission for adoption or
enactment.
(c) Prepare all contracts and other instruments in writing in which the municipality is
concerned, and endorse on each his approval of the form and correctness thereof
(except that municipal bonds need not be endorsed with the approval of the city
attorney as to form and correctness thereof), and no contract with the municipality
shall take effect until such approval is so endorsed thereon.
(d) When required to do so by the city commission, protect and defend in behalf of the city
all complaints,suits and controversies in which the city is a party,or file any action on
behalf of the city.
(e) Furnish the city commission, the city manager, the head of any department, or any
officer or board, his opinion on any question of law relating to their respective powers
and duties.
(f) Act as the official advisor of any city advisory board or department when so designated.
*Editor's note—Section 4, of Ord. No. 14-98, adopted Aug. 25, 1998, and approved at
referendum on Nov. 3, 1998, repealed Part I11, Art. 4, City Auditor and Clerk, in its entirety,
which had derived from Ch. 25768, Laws of Florida, Special Acts of 1949. See the Charter
® Comparative Table at the end of this Code, Part I, for the history of amendments.
tEditor's note—Art. 5 was repealed by Sp. Acts, Ch. 67-1260, § 1, and a new Art. 5 was
enacted in lieu thereof by § 2 of the act.
Stipp. No.68 34
• CHARTER AND-RELATED LAWS Pt. III,Art. 7 § 3
(g) Perform such other professional duties-as may be required of him by this charter or by
ordinance or resolution of the city commission.
(Sp. Acts, Ch. 67-1260, § 2)
Sec. 3. Assistant city attorney and special city attorneys.
The city attorney is authorized to appoint such assistant city attorneys as may be necessary
to assist him in performing the duties of his office, and such assistant city attorneys shall
perform their duties under the supervision of the city attorney. Any assistant city attorneys
who are appointed by the city attorney shall be compensated by the city attorney from the
retainer or regular compensation which he receives from the city, and such assistant city
attorneys shall have no direct claim against the city for the value of their services. Evidence of
the appointment of assistant city attorneys shall be in the form of a letter from the city
attorney to the city manager, which shall be retained on file at the city hall, and which shall
show the name, home address and business address of each assistant city attorney.Assistant
city attorneys must be admitted to practice in the courts of the State of Florida, but such
assistant city attorneys need not have any minimum amount of experience. In no event shall
• the appointment of an assistant city attorney by the city attorney remain in force after the end
of the appointment of the city attorney. In addition to assistant city attorneys who may be
appointed by the city attorney as aforesaid, the city commission shall also have the right to
appoint and to employ special city attorneys who shall serve under whatever terms and
conditions as may be fixed in the resolution regarding their appointments.
(Sp. Acts, Ch. 67-1260, § 2)
ARTICLE 6. RESERVED*
ARTICLE 7. CITY TAX ASSESSOR
Editor's note Deleted the position of tax assessor as obsolete as assessments are
preempted to the county by F.S. § 193.116.
*Editor's note--Section 5, of Ord. No. 14-98, adopted Aug. 25, 1998, and approved at
• referendum on Nov. 3, 1998, repealed Part III, Art. 6, City Treasurer and Collector, in its
entirety, which had derived from Ch. 25768, Laws of Florida, Special Acts of 1949. See the
Charter Comparative Table at the end of this Code, Part I, for the history of amendments.
Supp. No. 68 35
CITY OF DANIA BEACH
MEMORANDUM
TO: THE HONORABLE.JOHN BERTINO AND
MEMBERS OF THE CITY COMMISSION
MICHAEL W. SMITH, CITY MANAGER
ANSBRO CITY ATTORNEY
FROM: THOMAS J. I
DATE: JANUARY 5, 2000
RE: CITY ATTORNEY TRANSITION AND THE
CONTINUED PROVISION OF CITY LEGAL SERVICES
1 have been offered and accepted an opportunity to continue my career with a new law
firm, the firm of Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. ("Weiss Serota"). As
some of you know, I just celebrated my twenty-fifth anniversary as an attorney practicing
in Florida, principally in the area of municipal law, this past December, 1999. After careful
and deliberate consideration, I am certain that-the opportunity will be of advantage to the
City.
The new firm represents the cities of Islamorada, Homestead, Key Biscayne,Aventura and
Bal Harbour as their City Attorney in the Monroe and Miami-Dade County areas. It also
has, in the past year, opened a new office in downtown Fort Lauderdale near the Broward
County Courthouse and with its Broward staff of attorneys and support personnel housed
there, it serves the cities of Miramar and Weston as the full service"City Attorney"for both
of those municipalities. The firm also enjoys a fine reputation of serving numerous other
South Florida cities in special counsel capacities in a wide range of matters, including labor
and employment issues. I can unequivocally state that the transition to Weiss Serota will
be beneficial to the City primarily in the economies of cost, scale and municipal research.
As the Commission in the recent budget discussions emphasized, the legal costs incurred
by the City by the use of a full service law firm must be controlled and I am fully conscious
of that directive. The new firm, with its experience in serving many cities, some of them
from the creation stages (such as Aventura and Key Biscayne, as well as Islamorada) has
demonstrated its experience and depth in rendering municipal legal services in a
streamlined and cost-efficient manner.
Memorandum to the City Commission
January 5, 2000
Page 2 of 3 Pages
have thoroughly enjoyed my relationship with the law firm of Brinkley, McNerney. The
people in that firm are people of.integrity and they are well respected in the community.
It is a reputation they have justly earned and deserved. The firm has also been very
supportive to me personally and I will always remember that and the friendships I have
forged during my five-year stay with them. I believe, however, that a municipally-oriented
firm will best and most economically serve the City's interests.
I respectfully request that Dania Beach's legal services, which would continue to be
principally performed by me in a "hands-on" manner, with my continued personal
attendance at City Commission, Planning and Zoning Board and Nuisance Abatement
Board and staff meetings, be transferred at the January 11, 2000 City Commission
meeting. To that end, I have drafted an authorizing resolution and a new legal services
Agreement for your review, consideration and adoption.
As noted above, Weiss Serota serves as City Attorney to seven other municipalities.
. Consistent with the fee arrangements it has with its other municipalities, Weiss Serota
proposes the following changes to the present legal service agreement:
1. The City will no longer be charged for attendance at its two regular monthly city
commission meetings;
2. The City will no longer be charged for telephone conferences between firm
attorneys and elected officials, the City-Manager and department heads;
3. The City will no longer be charged for paralegal time;
4. The City will no longer be charged the three percent(3%) administrative fee, but will
pay only actual costs (capped at 100 per page for photocopies and 250 per page
for faxes); and
5. The hourly rate for all attorney time will be$150.00 per hour(rather than the current
staggered rates of between $115.00 and $175.00 per hour).
The new firm is convinced, as are all of its municipal corporate accounts, that the single
rate structure and the introduction of "no charge" items best serves the needs of its
municipal clients.
The rest of the contractual arrangements between the City and the firm would remain
identical to the terms which appear in the current agreement between the City and
Brinkley, McNerney. A copy of that original Agreement is also attached for your reference.
Memorandum to the City Commission
January 5, 2000
Page 3 of 3 Pages
The City Charter(Part 111,Article 5, Section 1)specifies that the City Attorney serves"at the
pleasure of the commission". As your City Attorney, I respectfully request that a transition
be made from Brinkley, McNerney to Weiss Serota. I want each of you to know that I
thoroughly enjoy providing legal services to the City. I believe that I provide them to the
City with a spirit of fair-mindedness, integrity and dedication and I wish to continue to do
so with the support of the new firm. I am hopeful that the relationship we have built and
maintained over the last two years will continue long into the future. There is much to do.
I renew my commitment to you to help you to do it, and to do it well.
I want to sincerely thank you for your consideration of this important matter.
TJA/nd
Att.
GAWPFILES\CLIENTS\DANIA\1-ADMIN\TRANSITION.M01
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